PHILLIPS PETROLEUM CO. OF BARTLESVILLE, OKL. v. DORN

No. 76-270.

347 So.2d 1057 (1977)

PHILLIPS PETROLEUM COMPANY OF BARTLESVILLE, OKLAHOMA, d/b/a Pier 66, Appellant, v. Shirley DORN et vir., etc., Appellees.

District Court of Appeal of Florida, Fourth District.

May 27, 1977.


Attorney(s) appearing for the Case

Harry G. Carratt, of Morgan, Carratt & O'Connor, P.A., and Andrews & Lubbers, P.A., Fort Lauderdale, for appellant.

Irving J. Whitman, of Whitman & Wolfe, P.A., Miami, for appellees.


PER CURIAM.

Upon review and consideration of the briefs and record on appeal and oral argument we are of the opinion that the final judgment should be reversed.

The issue in this appeal relating to the granting of a new trial to plaintiff-appellee on damages only was not (and undoubtedly could not have been) previously considered by this court at the time of a similar earlier appeal because of this court's specific admonitions set forth in its...

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